District-Wide Assignment of San Jose Civil Cases

August 2, 2011:

Exercising its authority to modify the assignment plan in the interest of justice and economy under General Order 44, the Executive Committee has taken steps to alleviate a potentially severe imbalance in the assignment of civil cases between the Court's two major divisions--San Francisco/Oakland and San Jose--resulting from the departure of District Judge Jeremy Fogel. Judge Fogel will be taking a multi-year leave from the Court to head the Federal Judicial Center in Washington, D.C. It is anticipated that the judicial vacancy caused by Judge Fogel's departure will last at least one year, during which there will be only two active district judges in the San Jose Division--a number insufficient to manage the division's civil case workload under the existing assignment plan. 

Accordingly, the Executive Committee has ordered that, effective immediately, all new civil cases that would have been assigned to District Judge Jeremy Fogel will be randomly reassigned on a district-wide basis to other active district judges.  View the Order of the Executive Committee. 

Update May 2013: The court intends that this special amendment to the assignment plan will remain in effect until the judicial vacancy in the San Jose division has been filled.